MASHPEE CONSERVATION COMMISSION
Minutes of April 15, 2004
Public Hearing
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Leonard Pinaud, Clerk, Lloyd Allen, Jeffrey Cross, Cass Costa, Stephanie Jones, and Ralph Shaw.
Staff present: Robert Sherman, Agent, Lori Soucy, Assistant Conservation Agent, and Frances Wise, Board Secretary
Jack Fitzsimmons, Chairman, called the meeting to order at 6:55 p.m.
Public Hearing: None.
Non-Hearing Agenda
Old Business:
1. Request from AFCEE to repair the monitoring wells. Bob asked the members for approval of this request.
Motion made, seconded and unanimously carried to approve under our by-law AFCEE’s request to repair the monitoring wells.
2. MACC training programs. Bob distributed to the members the MACC Training Program Offerings for Spring/Summer 2004. Stephanie said she is attending the program on April 30th in Framingham and offered anyone a ride.
3. Regulations Sub-Committee. Bob distributed to the members his recommendations on dock and pier regulations/design standards to add to our Regulations and requested their input. He said that we have a very minimal standard now.
4. Update on ATV problems on the Quashnet River and Bogs. Bob said he’s heard there is less activity here, and a $300 reward has been posted for information that would lead to the arrest and conviction of the perpetrators.
New Business:
1. DMF study of herring in the Quashnet River. Bob said he received a letter from DMF on this subject, and he will have it available for distribution to the members at the end of the meeting.
Hearing Agenda
7:00 p.m., Paul O’Connell, 99 Monomoscoy Road West and Marsh Monomoscoy Road West. (continued from 2/19/04).
Motion made, seconded and unanimously carried to grant a continuance to May 27 at 7 p.m., at the request of the applicant. A continuance fee will be levied.
7:05 p.m., Richard W. Mark, 45 Santuit Pond (continued from 2/19/04). Dave Sanicki represented the applicant, described the plan, and presented Don Schall’s study on wildlife habitation in this area. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:10 p.m., Michael Atwill, 12 Sachem Road (construct porch and gazebo style sitting area).
Mr. Atwill presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:15 p.m., Alan Radlo, 24 Waterline Drive North (continued from 4/1/04). Cass reclused herself from this hearing. Michael Grotzke represented the applicant and presented the plan.
Motion made, seconded and unanimously carried to approve the plan pending receipt of the plan showing the relocated coastal bank and verification of it.
7:20 p.m., Nicholas Tagaris, 139 Tide Run (continued from 4/1/04). Cass reclused herself from this hearing. Michael Grotzke represented the applicant and presented the plan.
Motion made, seconded and unanimously carried to approve the plan pending receipt of the plan showing the relocated coastal bank and verification of it.
7:25 p.m., Willowbend Glen Condominium Association, Willowbend Pond (implementation of aquatic vegetation program). Keith Gazaille represented the Association and described the project. Bob said we requested that they file in order to establish if the pond is jurisdictional under this Commission, and it is not.
Motion made, seconded and unanimously carried to record that this project is not jurisdictional under this Commission.
7:30 p.m., Jonathan Yohannan, 304 Redbrook Road (single family home, deck porch, garage, septic, driveway, utilities and landscaping). Dave Sanicki represented the applicant. Bob stated that we cannot close tonight because we have to wait for Natural Heritage’s approval. Mr. Sanicki stated that the parcel is very small and requested a 35 ft. work limit from the BVW. Bob said 1) our past precedent in three or four other cases has been that we do not recommend that we go in closer than 50 ft. from the BVW to the work limit, 2) Natural Heritage could present a problem, 3) he sees a fair amount of wetland vegetation above flag 2, so that needs to be clarified, and it might be wise to have a professional wetland scientist redo the line, which we can require on tight lots, and 4) and Bob also opines
that certain parts of the slope are shown to be in the flood zone but are indeed coastal bank, and a revised plan showing the coastal bank should be submitted to Natural Heritage.
Jack suggested that the applicant be more innovative and perhaps eliminate the garage. Bob stated that the architect probably should not do any redesigning until the BVW line is redefined.
Motion made, seconded and unanimously carried to grant a continuance to May 13 at
7:10 p.m., at the request of the applicant.
7:35 p.m., Howard Glaser, 347 Great Oak Road (continued from 4/1/04). Cass reclused herself from this hearing. John Slavinsky represented the applicant. He said they retained a professional wetlands scientist to confirm the wetland delineation, as requested by the Commission. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:40 p.m., Howard Glaser, 403 Great Oak Road (continued from 4/1/04) Cass reclused herself from this hearing. John Slavinsky represented the applicant. Bob said the plan has been corrected, and he recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:45 p.m., Thomas Duncan, 33 Shoestring Bay Road (continued from 4/1/04). Bob Ford, attorney, and John O’Dea represented the applicant and described the plan. Bob asked if Rick York suggested stops for the float, and Mr. O’Dea said that is something they can do. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:50 p.m., Leon Pinsonneault, 7 Cranberry Avenue (continued from 4/1/04). Dave Sanicki represented the applicant and described the plan. Bob said he is now satisfied with the stakings and he recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:55 p.m., Rosemary Mitchell, 90 Popponesset Island Road (continued from 4/1/04). Dave Sanicki represented the applicant and described the plan. Bob recommended approval subject to his meeting with Mr. Sanicki at the site followed by receipt of a revised plan showing three to four adjustments.
Motion made, seconded and unanimously carried to approve the plan subject to Bob meeting with Mr. Sanicki at the site and receipt of a revised plan showing three to four adjustments.
8:00 p.m., Alice Raftery, 190 Ninigret Avenue (install a porch with access wheelchair ramp). Barbara Raftery, daughter of the applicant, presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
8:05 p.m., Armando Vicente, 60 Cove Road (demolish and rebuild single family house, deck, garage, driveway, utilities, and landscaping). John Slavinsky represented the applicant. Bob said we cannot hear this because the applicant has not filed with the Board of Health.
Motion made, seconded and unanimously carried to grant a continuance to April 29 at 7:45 p.m., at the request of the applicant.
8:10 p.m., James DeVincent, 122 Old Brickyard Road (repair retaining walls, remove steps and reconstruct existing dock with maintenance in perpetuity). John Slavinsky represented the applicant and requested approval for the repair of the retaining walls and removal of the steps, and agreement that the reconstruction of the existing dock will be done through an amendment or a NOI.
Motion made, seconded and unanimously carried to approve the repair of the retaining walls and removal of steps as shown in the plan. The reconstruction of the existing dock will be done through an amendment or a NOI.
8:15 p.m., Ronald Giocobbie, 16 Holly Way (construct three-bedroom dwelling and septic system). Carman Shay represented the applicant and described the plan. Bob recommended approval with the request that Mr. Shay add a note to the plan adding jute netting and straw.
Motion made, seconded and unanimously carried to approve the plan with the requirement that Mr. Shay add a note that they would use jute netting and straw.
8:20 p.m., Anne LaGrippe, 15 Ocean Bluff (vista pruning with maintenance in perpetuity). Michael Grotzke represented the applicant and described the plan. Bob said he would have to inspect the mitigation before approving it and recommended a continuance.
Motion made, seconded and unanimously carried to grant a continuance to May 13 at 7:15 p.m., at the request of the applicant.
8:25 p.m., Tom Smith, 22 Monomoscoy Road (relocate existing fence and replace another).
Motion made, seconded and unanimously carried to grant a continuance to May 13 at 7 p.m., at the request of the applicant.
8:30 p.m., Robert Najarian, 8 Bowsprit Point (raze and rebuild single family home, septic, landscaping, relocate existing water service and utilities). Robert Gray of Sabatia, Inc. represented the applicant and described the plan. Bob said 1) he has not had a chance to check the Building Department records to verify that a permit has been issued for a four-bedroom home, 2) he has to run the calculations on the new lawn and, 3) a vista pruning had been mentioned, but there is no vista pruning corridor shown on the plan. They might want to file an amended order for the vista pruning corridor/control plan for the phragmites.
Motion made, seconded and unanimously carried to grant a continuance to April 29 at 7:50 p.m., at the request of the applicant.
Meeting adjourned at 8:50 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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